- When does one become severely disabled?
A disability with a GdB (degree of disability) of 50 or more is considered a severe disability.
- Where do I apply for severe disability?
At the local administration or the competent pension office. See "Useful links"
- Do chronic illnesses count as a disability?
Yes, chronic serious illnesses can also be recognised as disabilities. Often, severe chronic illnesses can reach a GdB of 50 or more. The decisive factor is the extent of the illness and the associated restriction on equal participation in society.
Examples: Asthma, stroke, cardiovascular diseases, rheumatism, diabetes, multiple sclerosis, cancer, migraine, intestinal diseases, endometriosis...
- Are mental illnesses recognised as a disability?
Yes, mental illness and addiction can also be recognised as a disability, depending on the impact of the impairment on participation in community life.
Examples: Psychoses, personality disorders, obsessive-compulsive disorders, anxiety, depression, drug or alcohol dependence.
- Does the employer have to be informed about the degree of disability?
No. People with disabilities are in principle not obliged to declare their disability or severe disability to their employer. An exception exists if the disability may have an impact on the workplace.
- What are the advantages of notifying the employer of the severe disability?
For employees with severe disabilities or equal status, there are disadvantageous benefits such as special protection against dismissal, additional leave, ...
- Are employers allowed to ask about disability during the interview?
No, the question is inadmissible. After 6 months (i.e. after the end of the probationary period and thus after acquiring the special protection against dismissal) the employer's question about a severe disability is permissible.
- What does equality mean?
Equality gives people with a GdB (degree of disability) of 30 or 40 similar rights as people with severe disabilities (=Gdb 50).
- Where is the application for equality made?
At the employment agency in your place of residence. This can be done orally, in writing or by telephone. The employment agency sends the applicant a form to fill out. The employer and the representative body(ies) - the works council and the representative body for severely disabled persons - also receive a questionnaire and can make a statement. The employment agency then checks whether the requirements for equality are met and whether equality can be granted.
- What does "special protection against dismissal" mean?
During the probationary period, employers can give normal notice. Special protection against dismissal applies after the end of the probationary period. In this case, the representative body for severely disabled persons and the employer's works council must be informed and the employer must obtain the approval of the integration office.
- To whom does the "special protection against dismissal" apply?
It applies to severely disabled persons with a GdB of at least 50 and persons of equal status with a disability of 30 or 40 GdB.
- What are the grounds for termination?
Personal reasons: Absenteeism due to illness, insufficient performance, alcohol or addiction problems.
The aim here is to avoid dismissal through prior preventive measures with the help of the integration office or rehabilitation providers.
Company-related reasons: Rationalisation of jobs
A dismissal can be avoided by transferring/training/integrating the employee into a new job within the company. Employers can claim financial assistance from the Integration Office for this purpose.
Behavioural reasons: unexcused absence, disturbance of industrial peace, late sick leave, theft.
The special protection against dismissal loses its effect in the case of personal misconduct.
